CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2826
Because the applicant remained validly remanded in custody under a warrant requiring his appearance before the District Court on 10 October 2023, the habeas corpus application was an abuse of process and was dismissed under s 15(1) of the Habeas Corpus Act 2001.
Source-derived case information.
- Citation
- [2023] NZHC 2826
- Parties
- Applicant: Neil Martin Clarke; Respondent: The Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 October 2023
- Procedural Posture
- Habeas Corpus Application / Decision/dismissal (fifth Habeas Corpus Application)
- Outcome
- Application dismissed under s 15(1) of the Habeas Corpus Act 2001 as an abuse of process
- Legal Topics
- Remand in Custody, Writ of Habeas Corpus, Abuse of Process, Protection Order, Police Safety Notice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Neil Martin Clarke
Applicant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus Application / Decision/dismissal (fifth Habeas Corpus Application)
Legal Issues
- 1 Whether the applicant is validly remanded in custody under a warrant requiring appearance in the District Court
- 2 Whether a writ of habeas corpus may be used to challenge the underlying protection order or police safety notice
- 3 Whether the repeated applications constitute an abuse of the Court's process
Ratio Decidendi
Because the applicant remained validly remanded in custody under a warrant requiring his appearance before the District Court on 10 October 2023, the habeas corpus application was an abuse of process and was dismissed under s 15(1) of the Habeas Corpus Act 2001.
Court Disposition
Application dismissed under s 15(1) of the Habeas Corpus Act 2001 as an abuse of process
Orders
- Application dismissed under s 15(1) Habeas Corpus Act 2001
Full Case Text
Judgment text and source record
1 paragraphs
CLARKE v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2826 [9October 2023]IN THE HIGH COURT OF NEW ZEALANDROTORUA REGISTRYI TE KŌTI MATUA O AOTEAROATE ROTORUA-NUI-A-KAHUMATAMOMOE ROHECIV-2023-463-73[2023] NZHC 2826UNDER the Habeas Corpus Act 2001IN THE MATTER OF an application for a writ of habeas corpusBETWEEN NEIL MARTIN CLARKEApplicantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: On the papersAppearances: Applicant in personC A Bourke for RespondentJudgment: 9 October 2023JUDGMENT OF LANG J[on fifth application for writ of habeas corpus]This judgment was delivered by Justice LangOn 9 October 2023 at 3.00 pmPursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors/counsel:Pollett Legal, TaurangaCopy to:Mr N M Clarke[1] On 5 October 2023, Mr Clarke has filed a further application seeking a writ ofhabeas corpus. The application again seeks to challenge his remand in custody,seemingly on the ground that the protection order and/or police safety notice thatunderpin his conviction were wrongly made.[2] As I made clear in the judgment that I issued on 25 September 2023, Mr Clarkeremains validly remanded in custody under a warrant that requires him to be broughtbefore the District Court on 10 October 2023.1[3] It follows that the present application is an abuse of the Court's process. It isdismissed under s 15(1) of the Habeas Corpus Act 2001._____________________________Lang J1 Clarke v The Chief Executive of the Department of Corrections [2023] NZHC 2671 at [3].